The Third and Seventh circuits on Friday offered their conflicting takes on whether a claimed statutory privacy violation is enough to establish standing under the U.S. Supreme Court's Spokeo ruling, highlighting a potentially more welcoming atmosphere in the Third Circuit and placing a significant emphasis on exactly how a plaintiff's privacy rights were allegedly violated.
The consumer suing Spokeo over its alleged reporting of inaccurate information in violation of the Fair Credit Reporting Act on Monday directed the Ninth Circuit’s attention to a pair of recent appellate court decisions, including one by the Ninth Circuit, which he says confirms his own standing to sue.
A Pennsylvania federal judge held Monday that the operator of Pottstown Memorial Medical Center and two doctors can’t escape a number of claims in negligence litigation brought by the estate of a man who died less than 24 hours after his discharge.
A Pennsylvania nursing home was hit on Monday with a medical negligence and wrongful death suit filed in federal court that accuses the home's nursing assistants of dropping an elderly patient during a chair-to-bed transfer, which purportedly caused her death.
A former assistant U.S. attorney who is challenging Philadelphia District Attorney Seth Williams in this year’s Democratic primary Monday asked the state’s Supreme Court to consider suspending his rival’s law license over his admitted failure to report income and gifts.
A Pennsylvania federal judge on Monday sentenced the former board chairman of now-defunct NOVA Bank to 11 months in prison for devising a circular lending scheme in a failed effort to deceive regulators into investing in the bank under the Troubled Asset Relief Program.
Uber Inc. urged a Pennsylvania appeals court to throw out an $11.4 million fine the state’s Public Utility Commission slapped on the ride-sharing company in April for operating without proper licensure.
Stephen Reed, the former mayor of Pennsylvania’s capital city, short-circuited the criminal trial he was set to begin facing Monday as he agreed to plead guilty on charges that he stole a set of artifacts that the city had purchased for a never-realized museum.
A Cozen O’Connor partner who had served as the top lawyer for former Pennsylvania Gov. Tom Corbett is heading to Washington, D.C., to serve as associate White House counsel and a special assistant to President Donald Trump, the firm announced Monday.
The Third Circuit on Friday revived a putative class action over a data breach at Horizon Healthcare, ruling in a published opinion that plaintiffs did not have to allege that their information had been misused but instead could rely on purported violations of the Fair Credit Reporting Act to establish standing.
The NFL Players Association asked an Ohio federal court on Thursday to send to New York a case against it and the NFL by Philadelphia Eagles right tackle Lane Johnson alleging he was denied due process under the collective bargaining agreement in being subjected to a 10-game drug policy suspension.
Over a stern dissent from Justice David Wecht, the Pennsylvania Supreme Court on Friday agreed to give state lawmakers an extension on their efforts to craft a solution after a decision concluding that a two-tiered system for taxing casinos to fund host municipalities violated constitutional requirements for uniform taxation.
The National Retail Federation on Thursday backed Marathon Petroleum’s appeal of the dismissal of its challenge to a Delaware law that allows the state to carry out business audits in search of seizable abandoned property, including prepaid gift cards, telling the Third Circuit it's clear the state is abusing the audit process.
A Pennsylvania appeals court on Friday affirmed a $3 million jury verdict in a medical malpractice suit accusing doctors of causing a four-year delay in a lung cancer diagnosis, saying a trial judge didn't err by excluding evidence regarding the patient's history of smoking and depression.
The estate of a woman who sued Conseco Health Insurance Co. over its handling of her cancer insurance claim told Pennsylvania's high court Thursday that its unreasonable denial of policy benefits sufficiently supports a bad faith claim, saying a separate finding of ill will or self-interest on the carrier's part is not required.
Blank Rome LLP has announced the addition of two new partners in its energy, environment and mass torts practice group, both of whom joined from Norton Rose Fulbright.
A Pennsylvania federal judge on Friday denied a state senator’s bid to have a vote-buying indictment dismissed, paving the way for a trial to begin Monday.
FirstEnergy Corp. said Thursday it will sell four natural gas generating plants in Pennsylvania and a portion of a Virginia hydroelectric power station to a unit of power developer LS Power for approximately $925 million in an all-cash transaction.
A Pennsylvania federal judge rejected arguments Thursday that purportedly misleading claims in a debt collection letter sent by AllianceOne had not caused a concrete and particularized enough injury to support class claims leveled under the Fair Debt Collection Practices Act.
New Jersey-based Lauletta Birnbaum LLC announced on Friday that it is complementing its recent expansion across the Delaware River into Philadelphia with a land use attorney and a commercial litigator joining the firm from Elliott Greenleaf and Meredith & Narine LLC.
The question of what circumstances allow an insurer to rescind a policy based on misrepresented information has been addressed recently in both New York and the United Kingdom. The New York approach is generally simpler than the U.K.'s, but in one situation, U.K. law may be more favorable toward insurers, say Jeffrey Weinstein and Kelly Cheverko of Mound Cotton Wollan & Greengrass LLP.
It has become increasingly prevalent for employers to pay their employees with payroll debit cards due to the benefits to both employers and employees. However, despite these mutual benefits, many states have enacted legislation that may potentially curtail the use of these cards to pay wages, says Caroline Berdzik of Goldberg Segalla LLP.
In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.
Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.
Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.
Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.
After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.
Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.
As media advocates, we wondered how President-elect Donald Trump's soon-to-be-announced U.S. Supreme Court nominee might react to Trump’s vow to shred the hard-won protections now embedded in the law of libel. We found that none of the opinions from judges on his shortlist hint at any inclination to depart from these established rules, say Gayle Sproul and Max Mishkin of Levine Sullivan Koch & Schulz LLP.